Definition of Transportation

This responds to your letter of August 11, 1999, concerning the definition of "transportation" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you seek guidance for determining when a hazardous material has completed transportation and is no longer subject to the HMR. You describe a scenario in which packages of hazardous materials are delivered to your facility, unloaded from a carrier's transport vehicle, and stored temporarily in a warehouse prior to distribution to other locations within your facility.

"Transportation," as defined in § 5102 of the Federal hazardous materials transportation law (49 U. S.C. 5101-5127), means the movement of property and loading, unloading, or storage incidental to the movement. You are correct that hazardous materials transportation ends once a consignee takes physical delivery of the hazardous material from the carrier. After delivery, storage of hazardous material at a consignee facility is not "storage incidental to the movement" within the meaning of the Federal hazardous materials transportation law; thus, the HMR do not apply to such storage. Similarly, intra-plant movement of hazardous materials that takes place within a contiguous plant boundary is not subject to HMR. However, intra-plant movement that utilizes or crosses a public road is subject to the HMR during that portion of the movement.

I hope this information is helpful. We will provide a copy of this letter to the Federal Highway Administration. If you have further questions, please do not hesitate to contact this office.